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Patna High CourtCR. MISC./7652/2015rejected

Anil Roy v. State Of Bihar And ANR

2015-03-03Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7652 of 2015 Arising Out of PS.Case No. -85 Year- 2013 Thana -MEERGANJ District- PURNIA ====================================================== Anil Roy .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.8900 of 2015 Arising Out of PS.Case No. -85 Year- 2013 Thana -MEERGANJ District- PURNIA ====================================================== Sadhu Roy .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.7652 of 2015) For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Sharda Nand Jha(App) (In Cr.Misc. No.8900 of 2015) For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Shardanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2015 Heard learned counsels for the petitioner and the State. The petitioner Anil Roy being the husband of the victim and petitioner Sadhu Roy being the father of the husband of the victim are languishing in jail since 13.09.2014 in a case registered for the offences punishable under Sections 304B and 328/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after two years of the marriage by administering poison

Patna High Court Cr.Misc. No.7652 of 2015 (2) dt.03-03-2015 2/2 for non-fulfilment of the dowry demand.

It is submitted by learned counsel for the petitioners that the victim died due to illness and it is not in dispute that the postmortem was not conducted. Moreover, the mother of the husband of the victim has been granted anticipatory bail by a coordinate Bench of this Court vide Cr. Misc. No. 29607 of 2014. Considering the aforesaid facts, let the above named petitioner Sadhu Roy be released on bail, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Purnea in connection with Mirganj P.S. Case No. 85 of 2013. This Court is not inclined to grant bail to petitioner Anil Roy who is the husband of the victim.

Accordingly, the application with regard to Anil Roy is rejected.

Let the trial be expedited.

(Dinesh Kumar Singh, J) Amrendra/- U T